Saturday, August 27th, 2011 at
5:00 am
I plan on attending the DMV hearing without an attorney. I have done extensive research on evidence that may be able to get me out of a DUI. For example, the California officer stated that I had been swerving but if the police camera were to be reviewed, I am 100% positive I was not. I completed all of the field sobriety tests with flying colors but blew .08 then .09 under the breathalyzer. After I got to the station about 20 to 30 minutes after, I blew .11 and .10 meaning my Blood Alcohol Content may have been increasing over time. Not only does this show evidence that the PAS devices may not be accurate, but also that at the time that I was driving, I was under .08. Since it took about 20 to 30 minutes to initialize the first breathalyzer test after I had been pulled over and in that same amount of time I rose a maximum of .03, it can be argued that during the officer’s investigation is when my BAC reached .08 or .09. I was only 2 minutes away from where I was headed and if the officer had not pulled me over, I would have been off of the road before my BAC reached .08. This is my main argument, however I do not know what documents I would need to prove this. Can somebody offer me advice and suggestions on what to do? I cannot simply stand by and be charged guilty for something I am innocent for.
Saturday, August 6th, 2011 at
10:00 pm
I recently got charged with a DUI in Arizona. I have hired an experienced attorney to represent my case. My DUI did not involved any serious damage or accident. I dont even think the cop had a probable cause to stop me because I did not have any traffic violation. My BAC was 0.09. I would like to know what is considered as a weak evidences or an example of a weak case?
Friday, June 10th, 2011 at
7:27 pm
Well I had a few beers 3 months back at my buddies house one night, I had stopped drinking and waited about 2 hours before driving home, ended up going through a sobriety check-point and blew a .023 (I’m 19 so the legal limit for minors is .02 in Missouri). After doing the SATOP classes the court decided I needed to pay a dollar re-instatement fee and get an interlock device on my car (it makes you blow and measures your BAC before your car will start). After that I will get a 60 day temporary license, but my question is, will I get my regular license back? How will all of this affect my record, I’ve tried calling my lawyer but he dodges my phone calls these days.
Thursday, June 2nd, 2011 at
7:08 pm
PLEASE ONLY SERIOUS ANSWERS
My BAC according to arresting officer was .083. The blood work is due back in 2-weeks. This incident was back in August. I know the state has time to get their case together (this long I wouldn’t have imagined).
My lawyer is talking about getting it reduced to a DWAI. I am less concerned with the fines andmore about the classes and crap one has to take.
Am I better off taking the DWAI or going to trial? The officer pulled me over for "moving from lane unsafely" when I did in fact swerve to avoid a piece of roadkill in the road.
Any advice is greatly appreciated and thanks in advance. Best answer lands the 10!
Thursday, June 2nd, 2011 at
7:08 pm
My cousin just got arrested for her third DUI in Indiana. she has a problem..and she has taken classes, be on house arrest twice and even had 3 months in jail, but nothing seems to work..her current arrest has 10 charges which are:
1 Operating a Vehicle While Intoxicated
2 Operating With a BAC at least 0.08 or more
3 Operating While Intoxicated With a Prior Conviction
4 Operating While Intoxicated With a Prior Conviction
5 Resisting Law Enforcement
6 Operating a Motor Vehicle While Suspended
7 Failure to Signal
8 Unsafe Lane Movement
9 Habitual Substance Offender
10 Operating a Vehicle Without an Ignition Interlock Device
…. this is while she was still on probation for her last 2 DUI’s (which i should mention this is all in a time frame of about 3 1/2 years) yeah i know its horrible..i just wonder what is going to happen next..her second DUI was already labeled as a "felony D" so im guessing this will be a felony too. She also spent jail time in another county for a public intoxication and battery to a police officer offense. She has a hearing for the Revoke of Probation coming up as well. She still owes at least 00 in court fine that were due almost a year ago. She is not working and no longer has custody of her child(he now lives with his father and step mother in a much more stable environment)..of course she has a lawyer, but with that kind of record do you think he will get her out of jail time…if so well thats just dumb of the judge..but if she does get jail time, which i think she is in desperate need of..how long might it be? i would hope its a good amount of time…maybe then she will learn her lesson and sober up for good…thanks for all the answers
Thursday, June 2nd, 2011 at
7:07 pm
On the front page criminal complaint it says that i am being charged for aggravated dwi -> "drive a vehicle or motor vehicle while under the influence of intoxicating liquor or drugs; and did refuse to submit a chemical breath test as required by the state law implied consent act; contrary to nmsa 1978, S 66-12-102. (a misdemeanor)".. Aggravated dwi because refusal to submit a breathalyzer. i have the paper that shows i did submit a breathalyzer test. In the paperwork that the officer filled out it said i agreed. even the mvd paper says i submitted. Unfortunately i blew enough for an aggravated. The complaint doesn’t mention the BAC.. because the paperwork complaint says that i refused mean i am being charged aggravated dwi based on a refusal? and because one page says one thing and another says the other have any effect on the charge? Does the inconsistency between the complaint and the officers story and the mvd sheet help me in any way? Is it possible to get the charge dropped? And because i blew enough for an aggravated can i be charged for aggravated dwi again? Is it all the same? Am i hoping for a miracle? any advice at all can help. i have yet to meet my lawyer but i will in a couple days. in a couple days. im trying to get all the info i can.
Tuesday, May 31st, 2011 at
9:06 am
My cousin just got arrested for her third DUI in Indiana. she has a problem..and she has taken classes, be on house arrest twice and even had 3 months in jail, but nothing seems to work..her current arrest has 10 charges which are:
1 Operating a Vehicle While Intoxicated
2 Operating With a BAC at least 0.08 or more
3 Operating While Intoxicated With a Prior Conviction
4 Operating While Intoxicated With a Prior Conviction
5 Resisting Law Enforcement
6 Operating a Motor Vehicle While Suspended
7 Failure to Signal
8 Unsafe Lane Movement
9 Habitual Substance Offender
10 Operating a Vehicle Without an Ignition Interlock Device
…. this is while she was still on probation for her last 2 DUI’s (which i should mention this is all in a time frame of about 3 1/2 years) yeah i know its horrible..i just wonder what is going to happen next..her second DUI was already labeled as a "felony D" so im guessing this will be a felony too. She also spent jail time in another county for a public intoxication and battery to a police officer offense. She has a hearing for the Revoke of Probation coming up as well. She still owes at least 00 in court fine that were due almost a year ago. She is not working and no longer has custody of her child(he now lives with his father and step mother in a much more stable environment)..of course she has a lawyer, but with that kind of record do you think he will get her out of jail time…if so well thats just dumb of the judge..but if she does get jail time, which i think she is in desperate need of..how long might it be? i would hope its a good amount of time…maybe then she will learn her lesson and sober up for good…thanks for all the answers
Tuesday, April 5th, 2011 at
8:35 pm
A few days ago I got a DUI in California, I’m 20 and I blew a .15 on 3 tests (2 next to the police car and one at the station.) I did the sobriety test as well and told the officer that I was drinking. Is it worth it to get an attorney? I’m trying to avoid my license getting suspended. Half of my friends say just to go to court without paying an attorney because there’s no use and the other half is saying to always consult a lawyer. I talked to a few lawyers but still can’t make a decision. How often do they lessen charges if that BAC is almost double the legal limit? (also considering I am under 21)
Monday, March 21st, 2011 at
10:54 am
My husband was arrested on 11/12/10 in Watauga after an accident. He was taken to Watauga jail and booked for DWLI and DWI – Felony Repitition. On 11/16/10 he was transferred to Tarrant County Corrections Center. He goes for an initial appearance on 12/2/10 before a magistrate. He is trying to tell me his blood alcohol level was neagtive and they want him to get out ASAP and get a lawyer. I do not want him home. Trying to find a good lawyer and file for divorce. He has stolen from our home and lied to me for years. Would they hold him if his BAC was 0.00? My thinking is that they would have released him without charge, instead of transferring him to TC. What is the process after his first court appearance? He is now being held in Greenbay Unit, I hear this is max security, does anyone know?
Thursday, March 17th, 2011 at
3:42 am
About a week ago I was pulled over and was arrested for a DWI. I’m 20 years old I turn 21 next month. My BAC was .120, I was wondering what kinds of fines I may be looking at. Can I actually just sit in jail to pay for them? How stiff are they going to be on me if I’m convicted of DWI(Will be convicted of DWI)?
Monday, February 21st, 2011 at
3:43 am
I had 3 beers on my birthday and got pulled over for not using my light signal on a lane change. The cop had me do a breathalyzer and it was just barely above the legal limit.
I spoke to an attorney and he said that if I do the required DUI school and community service that normally comes with a DUI conviction before my court date, that the DA may be willing to plea it down to only reckless driving. This is mainly because my BAC was barely over the limit and I am a first-time offender with a clean record.
Do I actually need to spend 00+ on an attorney to arrange a deal or could I actually contact the DA’s office myself and see if they’d be willing to make a deal with me?
Sunday, February 20th, 2011 at
1:17 am
difference between a dui lawyer and a public defender..
everyone says get a lawyer itll be less fees but if its less fees now I have an attorney fee to pay..whats the best advice.. and I already know to not drink and drive, and yes it could have been 100 times worse, now Im thinking how to fix this terrible situation .jail is not the kinda life i am accustumed to… help public defender or lawyer? I know my bac was over the limit I just dont know by how much, so should i even fight/ plea guilty..no contest??
Friday, February 18th, 2011 at
1:18 am
Hello ladies and gentlemen. I was charged with 1st dui 2 days ago with BAC .21. I do remember everything and I was acting normal. I have consulted a few attorneys and will see 2 more tomorrow. Here is what I have so far. The first lawyer have been practicing for 17 years and says that he actually knows the officer who arrested me this night. I know that it is not that important, because state will still be pressing charges, but it still looks appealing. He handled hundreds of cases(IDK how many were won). That lawyer was chief of the State’s DUI Prosecution.He asks 2k for his service with a payment plan, which suits me because I am short on cash. And the only things I could find about him is 6-7 5* reviews.
Another attorney I spoke too has been practicing(almost all criminal charges) for 30 years and is a former student of my professor, whose references would lower my fees from again 2k to 1.2k.
The attorney which has a decent checkable recordcharges 4.5k, but I just can’t afford it. So, pass.
To sum it up, due to the high BAC, some may advice not hire one, because the case is in deep hole, but I still will.
Finally, I don’t leave much hope for tomorrows appointments, because they are quite the same as first two.
That is the story. Any advice on which lawyer to hire will be helpfull. Thank you.
p.s. I decided to stop drinking because that is the only approach to never get another charge as such. Plus, remember: "What happened 1 time may never happen again, but what happens 2nd time will most likely happen 3rd, 4th and etc." Paolo Coelho
Wednesday, February 16th, 2011 at
6:04 am
I’m 18, I made the mistake of trying to drive home and got pulled over. This was in Columbia, MO. BAC of 0.094. I have never had any violation of ANY type before. This was actually the first time I had ever been pulled over by a cop in my life. Talk about scary. My parents refuse to speak to me, and seeing how I’m going to have to pay for everything, I was wondering if anyone had any estimates or good advice. A friend said his fees were only 0 for his lawyer (who happened to be a family friend) plus the 0 fee for getting a DWI. Is this a close estimate for everyone else who doesn’t have the advantage of having a lawyer friend?
Monday, February 14th, 2011 at
10:54 pm
I was arrested and cited on 2nd DUI + violation of probation from the 1st DUI.
My question is, do I really need an attorney?
The officer had a probable cause to stop me, and my BAC was higher than limit anyway, and they didn’t violate my civil rights in any way.
What can an attorney do for me provided that the law is pretty cut and dry in this case?
I know I will get my license suspended for 1 year anyway, for which I may or may not be able to re-apply after 3 mo IF the new law kicks in – with or without an attorney. I still have to go to 18 mo. DUI school with or without an attorney.
I don’t mind going to jail for 3 days, or community service, or whatever I can negotiate.
Can I get a better deal if I have an atty.?
It seems like attorneys are trying to scare me by saying my case is so complex, blah, blah, blah, and I may have to go to jail…. etc.
I have met lots of 2nd DUI offenders through my DUI school in the past and most of them said they could have gotten the same deal they got without their attorneys anyway.
There is this thing called ‘standard offer’ and it really seems you are going to get that ‘standard offer’ anyway unless your attorney goes to trial, and I don’t believe that any attorney will take my losing case to trial for a flat fee of 00